§ 36-9-25-5 — Commissioners; removal from office; appeals

Indiana § 36-9-25-5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 25: Sanitation Department in Certain Cities

Text

(a) A commissioner may not be removed from
office except upon charges preferred before the municipal executive
and a hearing held on them. The only permissible reasons for removal
are neglect of duty and incompetence. The commissioner must be given
at least ten (10) days' notice of the time and place of the hearing and
the opportunity to produce evidence and examine and cross-examine
witnesses. All testimony shall be given under oath. The municipal
executive shall put the municipal executive's findings in writing and
file them with the municipal clerk.
(b) If the charges are sustained and the commissioner removed, the
commissioner may appeal the findings within ten (10) days after the
date they are filed with the clerk to the circuit or superior court of the
county in which the municipality is located. The commissioner shall
file an original complaint against the executive, stating the charges
preferred and the findings made. The court shall hear the appeal within
thirty (30) days after it is filed without a jury and shall either ratify or
reverse the finding of the executive. The judgment of the court is final
and an appeal may not be taken.
[Pre-Local Government Recodification Citation: 19-2-14-1
part.]
As added by Acts 1981, P.L.309, SEC.98. Amended by
P.L.127-2017, SEC.317.